H-1B Alternatives in 2026: Work Visa and Green Card Options Compared

The main H-1B alternatives are the O-1 for people with extraordinary ability, the L-1 for transfers within a multinational company, nationality-based categories (TN for Canadian and Mexican citizens, E-3 for Australian citizens, H-1B1 for citizens of Chile and Singapore, and E-1 or E-2 for nationals of treaty countries), H-1B employment with a cap-exempt employer, student and exchange options (F-1 OPT, STEM OPT, and J-1), and green card categories that do not depend on the H-1B lottery (EB-2 National Interest Waiver, EB-1A, and EB-5). None of these uses the H-1B cap lottery. The $100,000 H-1B payment proclamation applies to H-1B petitions; it does not reach O-1, L-1, TN, E-3, E-1, E-2, F-1, J-1, or green card filings, and whether it reaches H-1B1 should be confirmed before filing. Which option fits depends on your citizenship, your employer, the strength of your record, and whether you intend to stay permanently.

Two changes since September 2025 reshaped H-1B planning: Proclamation 10973 tied a $100,000 payment to certain new H-1B petitions, and DHS replaced the random cap lottery with a wage-weighted selection starting with the fiscal year (FY) 2027 season. As of October 30, 2026, the proclamation has been extended for another year, but the agency guidance used to collect the payment has been vacated by a federal court and the government’s appeal is pending. This post explains where those developments stand today, then compares each alternative on who it fits, the key requirement, whether there is a cap, how long it lasts, how it treats green card plans, and whether a dependent spouse can work.

Why are people looking for H-1B alternatives in 2026?

Four developments since September 2025 changed the cost, odds, and predictability of the H-1B.

1. The $100,000 payment proclamation. Proclamation 10973 (90 FR 46027), signed September 19, 2025, restricts the entry of H-1B workers unless the petition is accompanied by a $100,000 payment, for petitions filed at or after 12:01 a.m. Eastern on September 21, 2025. USCIS states that the payment does not apply to petitions filed before that date or to H-1B visas issued before it, and that current H-1B visa holders can continue to travel. A national interest exception is available at the discretion of the Secretary of Homeland Security. On September 18, 2026, Proclamation 11069 (91 FR 60497) extended the restriction to September 21, 2027, and a same-day executive order called for closer scrutiny of employers with recent or planned layoffs (White House fact sheet). The new proclamation reports that the payment had been made for more than 700 petitions since September 2025.

2. Court challenges. These cases challenge the agency policies used to collect the payment, not the proclamations themselves, and a stay or reversal on appeal could revive collection. Status as of October 30, 2026:

• District of Massachusetts. In a suit by a coalition of states (California v. Noem, now California v. Mullin), the court vacated the agency guidance implementing the payment on June 8, 2026. The First Circuit denied a stay on July 24, 2026, and the appeal is pending. USCIS states that DHS is complying with the order while it considers next steps and still plans to collect the payment if the order is lifted.
• Northern District of California. In Global Nurse Force v. Trump, No. 4:25-cv-08454-HSG, the court on September 30, 2026 granted in part and denied in part a motion for a preliminary injunction, and denied class certification. The government filed a notice of appeal to the Ninth Circuit on October 9, 2026 and asked the district court to stay proceedings in the case.
• District of Columbia. In a U.S. Chamber of Commerce challenge, the district court upheld the payment; that ruling is on appeal to the D.C. Circuit.

3. Wage-weighted selection. DHS published a final rule on December 29, 2025 (90 FR 60864), effective February 27, 2026, that replaced the random lottery with a weighted selection. Each registration is assigned the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered wage equals or exceeds, and is then entered four times (Level IV), three times (Level III), twice (Level II), or once (Level I). The rule covers both the regular cap and the advanced degree exemption. A registration at Level I is still eligible; it has fewer entries. The petition filed after selection must match the wage level, SOC code, and work location stated in the registration. The registration fee was $215 per beneficiary for FY2027.

4. FY2027 results and pending proposals. The FY2027 registration period ran from March 4 to March 19, 2026. USCIS announced on July 17, 2026 that it had received enough petitions to reach both the 65,000 regular cap and the 20,000 advanced degree exemption. USCIS publishes eligible registration counts for each fiscal year on its H-1B cap season page. According to the September 2026 proclamation, offers at the two highest wage levels accounted for about 46.3 percent of FY2027 selections and Level I offers for 17.8 percent. Two proposals remain pending and are not in effect: a DHS proposed rule published August 25, 2026 that would add a proposed $103,265 fee to every cap-subject H-1B petition, in addition to all other required fees and separate from the $100,000 payment, and a Department of Labor proposed rule published March 27, 2026 that would raise prevailing wage levels. USCIS has not announced FY2028 registration dates.

H-1B alternatives compared

The table summarizes each option at a high level. Each row has exceptions and conditions covered in the sections below. “Dual intent” means you may pursue a green card without, by itself, violating the temporary status. Every green card listed requires its own petition and a separate eligibility decision; no temporary status converts into a green card on its own.

O-1A and O-1B: extraordinary ability

The O-1 has no cap and no lottery, and a petition can be filed at any time of year. O-1A (sciences, education, business, athletics) requires sustained national or international acclaim. The petition must first show either a major internationally recognized award or at least three of eight regulatory criteria (8 CFR 214.2(o)(3)(iii)), such as published material about you, a high salary relative to others in the field, judging the work of others, original contributions of major significance, or a critical role for a distinguished organization. Meeting three criteria is only the first step. USCIS then reviews the whole record to decide whether it shows sustained acclaim and that you are among the small percentage at the top of the field (USCIS Policy Manual, Vol. 2, Part M, Ch. 4). O-1B has two separate standards: beneficiaries in the arts must show “distinction,” while beneficiaries in the motion picture or television industry must show a record of extraordinary achievement (8 CFR 214.2(o)(3)(ii), (iv), (v)). A U.S. employer or a U.S. agent must file; you cannot self-petition, although an agent petition can cover work for multiple employers or your own company if the structure is set up properly. The initial period is up to three years, tied to the event or activity described in the petition, with extensions in increments of up to one year to continue the same event or activity. Because the O-1A criteria overlap with the EB-1A green card criteria, people who qualify for an O-1A are well placed to evaluate a self-petitioned EB-1A later, but the EB-1A is a separate petition with its own final merits review.

L-1A and L-1B: transferring within your company

The L-1 lets a multinational company transfer an employee who has worked for a related entity abroad (parent, branch, subsidiary, or affiliate) for at least one continuous year within the three years before applying for admission to the United States (8 CFR 214.2(l)(1)(ii)(A)). If the employee has already been in the United States working for the same employer or a related entity, that U.S. time does not count toward the one year abroad but also does not break the continuity of the qualifying foreign year, and USCIS adjusts the three-year look-back accordingly. L-1A covers managers and executives; L-1B covers employees with specialized knowledge of the company’s products, processes, or procedures. A petition for a new U.S. office is approved for one year at first, and the extension depends on showing the office is actually operating. L-1A status can last up to seven years in total and L-1B up to five. For a worker abroad who was not selected in the lottery, a year of qualifying employment at a foreign affiliate followed by an L-1 petition is a workable, though slower, plan; completing the year does not by itself make the transfer available, since the role abroad and the U.S. role must each meet the managerial, executive, or specialized knowledge definitions and the corporate relationship must qualify. L-1A managers and executives may later be sponsored for an EB-1C green card, which does not require labor certification, but EB-1C is a separate employer-filed petition with its own requirements, including that the U.S. employer has been doing business for at least one year.

One interaction to plan for: time spent in H-1B status counts toward the L-1 maximum, and time spent in L-1 status counts toward the H-1B six-year maximum (8 CFR 214.2(h)(13)(iii)(A) and 8 CFR 214.2(l)(12)). Switching between the two does not reset the clock.

TN, E-3, and H-1B1: options based on nationality

Free trade agreements give citizens of five countries their own professional work categories. None uses the H-1B lottery.

• TN (Canada and Mexico). For professions on the USMCA list, such as engineers, accountants, computer systems analysts, and scientific technicians, with the credential the list requires for that profession. Canadian citizens can generally apply for admission at a port of entry or preclearance location without a visa; Mexican citizens need a TN visa from a consulate. Admission is for up to three years at a time with no overall limit. TN is not a dual intent category, so the timing of any green card filing and any travel after that filing requires planning.
• E-3 (Australia). For specialty occupations requiring at least a bachelor’s degree or its equivalent, supported by a certified Labor Condition Application. Admission is for up to two years at a time, renewable. The category has its own annual limit of 10,500, separate from the H-1B cap. Qualifying E-3 dependent spouses are employment authorized incident to status.
• H-1B1 (Chile and Singapore). Similar in substance to H-1B, with its own annual allocations (1,400 for Chile and 5,400 for Singapore, set aside from the 65,000 regular cap), one-year admissions, and extensions in one-year increments. The $100,000 proclamation refers to H-1B workers under INA 101(a)(15)(H)(i)(b); H-1B1 is classified under INA 101(a)(15)(H)(i)(b1). Whether the proclamation and any agency guidance reach H-1B1 has been described inconsistently in commentary, so confirm the current agency position before filing an H-1B1 petition for a worker abroad.

E-1 and E-2 treaty trader and investor visas

E-1 and E-2 visas are available only to nationals of countries that have a qualifying treaty with the United States, and to employees of a treaty enterprise who hold the same nationality as the enterprise. The State Department publishes the current treaty country list. An E-1 requires substantial trade, more than half of it between the United States and the treaty country. An E-2 requires a substantial investment, already committed and at risk, in a real operating U.S. business that the investor will develop and direct. There is no fixed minimum dollar amount; the investment must be substantial relative to the total cost of the business and enough to make it likely to succeed. The business cannot be marginal. Under 8 CFR 214.2(e)(15), a business avoids marginality if it either currently produces more than enough income to provide a minimal living for the investor and family, or has the present or future capacity to make a significant economic contribution, which generally must be realizable within five years after normal business activity begins. Admission is for up to two years at a time and can be renewed as long as the business continues to qualify. E status requires an intent to depart when it ends, so a later green card filing needs planning.

Nationality, not residence, controls. Nationals of India and mainland China, for example, do not have an E-2 treaty. A person who later acquires citizenship of a treaty country may qualify on that basis, with one statutory limit: under INA 101(a)(15)(E), a person who obtained treaty-country nationality through financial investment (a citizenship-by-investment program) is treated as a national of that country for E purposes only if they have been domiciled there for a continuous period of at least three years at some point before applying.

Cap-exempt H-1B employers

The annual H-1B cap does not apply to petitions filed by institutions of higher education, nonprofit entities related to or affiliated with them, nonprofit research organizations, and governmental research organizations (INA 214(g)(5); 8 CFR 214.2(h)(8)(iii)(F)). A petition for a worker at one of these employers can be filed at any time of year without registration, although the petition still has to meet every other H-1B requirement, including a certified LCA and a specialty occupation. Whether a particular employer and petition qualify is decided petition by petition. The Administrative Appeals Office has dismissed appeals where the record did not establish a nonprofit’s claimed affiliation with a university, so an affiliation claim needs documentation, not just a stated relationship. Concurrent employment with a cap-subject employer can be possible while the cap-exempt job continues; if the cap-exempt employment ends, the concurrent cap-subject employment that depended on it is no longer cap-exempt (8 CFR 214.2(h)(8)(iii)(F)(6)). Moving entirely to a cap-subject employer later generally requires selection under the cap unless you were previously counted against the cap and still have H-1B time remaining under the counting rules in 8 CFR 214.2(h)(8)(ii); whether that applies to you depends on your own H-1B history and should be confirmed before you accept the offer.

Cap-exempt status does not by itself exempt a petition from the $100,000 proclamation. The October 2025 USCIS guidance applied the payment to qualifying new petitions regardless of cap status, although that guidance is currently vacated. The proposed DHS fee of $103,265 would apply only to cap-subject petitions, so it would not reach cap-exempt employers if finalized as proposed.

F-1 OPT, STEM OPT, and Day 1 CPT cautions

F-1 students may work on post-completion Optional Practical Training (OPT) for up to 12 months after completing a degree, and graduates with a qualifying STEM degree may apply for a 24-month STEM OPT extension with an employer enrolled in E-Verify. The STEM OPT application (Form I-765) must be filed before the current OPT period ends and within 60 days of the Designated School Official’s recommendation; USCIS accepts it up to 90 days before OPT expires. If a timely STEM OPT application is pending when OPT expires, work authorization continues automatically for up to 180 days. Unemployment limits apply: 90 days during post-completion OPT, plus an additional 60 days during the STEM extension, for 150 days in total. OPT gives graduates more than one registration season, and the cap-gap rule extends F-1 status and any work authorization while a timely filed, cap-subject H-1B change of status petition is pending, up to April 1 of the fiscal year for which the H-1B was requested or until the petition is decided, whichever is earlier.

Separately, DHS published a proposed rule on October 8, 2026 (91 FR 64566) that would add fees for OPT without changing the basic OPT eligibility rules: $70,000 for a student’s first OPT recommendation, whether pre-completion or post-completion, and $30,000 for each later recommendation, including a STEM OPT extension. Under the proposal, the school pays the fee before the Designated School Official issues the recommendation, although DHS states that schools may pass the cost on to students or employers. The comment period closes November 9, 2026. The rule is a proposal only and is not in effect.

Curricular Practical Training (CPT) is work authorization for F-1 students in employment, such as alternative work-study, an internship, cooperative education, or another required internship or practicum, that is an integral part of an established curriculum (8 CFR 214.2(f)(10)(i)). Day 1 CPT programs, where a school authorizes CPT from the first day of a new degree, are marketed as a way to keep working after OPT ends. An important caveat is that the new program must be at a new degree level. Starting a second program at the same level does not create a new period of OPT, because OPT eligibility renews only when a student moves to a higher educational level (8 CFR 214.2(f)(10)). Twelve months or more of full-time CPT also eliminates eligibility for OPT at that degree level. Because the regulation ties CPT to the curriculum, full-time work authorized from the first day of a program invites questions at later visa, H-1B, and green card stages about whether the training met that standard, and if a school loses SEVP certification or closes, its students lose the basis for their F-1 status. Review the program’s accreditation, its SEVP history, and how CPT is tied to coursework with counsel before enrolling. Separately, DHS issued a final rule on July 17, 2026 that would replace “duration of status” admission for F, J, and I nonimmigrants with fixed admission periods, generally the length of the program capped at four years, and would shorten the F-1 grace period after a program ends from 60 days to 30 days. On September 14, 2026, the day before it was set to take effect, the U.S. District Court for the District of Massachusetts blocked the rule nationwide in Presidents’ Alliance on Higher Education and Immigration v. DHS. Duration of status remains in effect while the litigation continues, but an appeal or later ruling could change that.

J-1 exchange visitors

The J-1 covers research scholars, professors, trainees, interns, physicians, and other exchange categories through a program sponsor designated by the State Department. Research scholar and professor programs can run up to five years. J-2 dependent spouses may apply for an EAD, but under 8 CFR 214.2(j)(1)(v) their income may not be used to support the J-1 principal. The key caution is the two-year home-country physical presence requirement under INA 212(e). If it applies (because of government funding, the Exchange Visitor Skills List for the person’s home country, or graduate medical training), the person cannot change status in the United States to H or L, cannot be issued an H, L, or immigrant visa, and cannot adjust status to permanent residence until they have spent two years in their home country or have obtained a waiver. Whether 212(e) applies to a particular person should be confirmed from the Form DS-2019 and the visa annotation, since those notations are not always correct.

Green card routes that skip the H-1B lottery

Some people use the H-1B as a bridge to permanent residence. Three green card categories each require their own immigrant petition (Form I-140 or Form I-526E) followed by Adjustment of Status (Form I-485) or consular processing once a visa number is available.

• EB-2 National Interest Waiver. For professionals with an advanced degree or exceptional ability whose proposed endeavor has substantial merit and national importance, who are well positioned to advance it, and where waiving the job offer and labor certification would benefit the United States (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)). You may file for yourself. USCIS updated its Policy Manual guidance on how it evaluates each Dhanasar prong in January 2025, including how it weighs an entrepreneur’s own business plan and how it treats a job offer or letters of interest as evidence.
• EB-1A. For people with sustained national or international acclaim at the top of their field, shown by a major one-time achievement or at least three of ten regulatory criteria (8 CFR 204.5(h)(3)), followed by a final merits determination of whether the record as a whole shows that level of acclaim. Also a self-petition.
• EB-5. For investors in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is $800,000 in a targeted employment area or infrastructure project and $1,050,000 otherwise. The statute schedules an inflation adjustment of these amounts beginning January 1, 2027 and every five years after that, so an investor planning a filing on or after that date should confirm the amount in effect on the filing date.

All three are subject to annual limits and per-country caps, applied by country of chargeability, which is generally the country of birth rather than citizenship. When a category is backlogged for your country of chargeability, the green card itself may be years away even after the petition is approved, so you may still need a temporary status in the meantime. Check the current Visa Bulletin for your category. If you are already in H-1B status, AC21 rules allow extensions beyond six years in one-year increments once a labor certification or Form I-140 has been pending for 365 days, or in three-year increments with an approved Form I-140 and no available visa number, and allow a pending Form I-485 to move to a new employer in a same or similar occupation after 180 days.

Timing traps when moving from H-1B to another status

These are the issues an attorney will check before recommending any switch.

• Grace period after H-1B employment ends. Under 8 CFR 214.1(l)(2), DHS may, in its discretion, treat you as maintaining status for up to 60 consecutive days after employment ends, or until your authorized stay expires, whichever is shorter, once during each authorized validity period. It is not an entitlement, and it can be shortened or not recognized at all. If you intend to rely on it, file the change of status request or new petition as early in that window as possible. The grace period does not authorize work. See our post on options when employment ends.
• File before your authorized stay ends. A request to change to O-1, L-1, E-3, TN, or any other status from inside the United States ordinarily must be filed while you are maintaining status and before the date on your Form I-94. These are two different things: your status can end when employment ends even though the I-94 date is later. USCIS may excuse a late filing only if the regulatory conditions in 8 CFR 248.1(b) are met, including that the delay was due to extraordinary circumstances beyond your control and that you have not otherwise violated status. Filing on time allows you to remain while the request is pending, but you generally cannot start the new job until the request is approved. H-1B portability under INA 214(n) lets you start work for a new H-1B employer when its petition is filed; that rule does not extend to other categories.
• Travel while a change of status is pending. Leaving the United States while a change of status request is pending is treated as abandonment of that request, although the underlying petition can still be approved for consular processing. For an H-1B petition, consular processing is what the proclamation’s payment was attached to under the vacated guidance.
• Temporary intent and green card steps. TN, E, F, and J status require an intent to depart. Filing a Form I-140 does not by itself make you ineligible to hold these statuses. The State Department’s 90-day rule (9 FAM 302.9-4(B)(3)) is consular guidance that applies when a person engages in conduct inconsistent with their status, such as unauthorized work or marrying and taking up residence, within 90 days of admission; the FAM states that merely filing for a change of status or Adjustment of Status is not, by itself, that kind of conduct. It is not a binding USCIS evidentiary rule, but a consular officer may rely on it at a later visa interview, so the timing of green card steps after an admission in a non-dual-intent category still deserves attention.
• Travel with a pending Form I-485. Under 8 CFR 245.2(a)(4)(ii)(C), a person in H-1B or L-1 status who leaves while a Form I-485 is pending does not abandon the application only if they remain eligible for H-1B or L-1 status, return to resume employment with the same employer that holds the approved petition, and present a valid H-1B or L-1 visa where a visa is required. People in other statuses need advance parole before leaving.
• Approved Form I-140 and a change of status. Changing from H-1B to another category does not by itself revoke an approved Form I-140. Under 8 CFR 204.5(e), you retain the priority date for later petitions unless the approval is revoked for fraud or willful misrepresentation, revocation or invalidation of the labor certification, or material USCIS error; if the employer withdraws the petition or goes out of business 180 days or more after approval, the petition generally remains valid for priority date and AC21 purposes under 8 CFR 205.1(a)(3)(iii). H-4 EAD eligibility ends, however, if the principal is no longer in H-1B status.
• J-1 obligations. A 212(e) requirement blocks a change to H or L and blocks Adjustment of Status until it is satisfied or waived.

How to narrow down your options

Work through these questions in order. A “yes” opens a category to evaluate; it does not by itself establish eligibility.

1. What is your citizenship? It may open TN, E-3, H-1B1, or E visas.
2. Have you worked a continuous year for a related company abroad within the past three years? L-1 may be available.
3. Is your record unusually strong? O-1 now, with EB-1A or NIW evaluated as a separate petition later.
4. Can a university, affiliated nonprofit, or research organization hire you? If the employer and petition qualify for the exemption, the cap does not apply.
5. Do you plan to stay permanently? Prefer dual intent categories, or plan green card timing and travel carefully.
6. What is your current status and when does your authorized stay end? That sets the filing deadline for any change of status.

Current status, travel plans, country of chargeability, and any prior violations or J-1 obligations affect which options are realistic, so each case needs individual review.

Frequently Asked Questions

• Does the $100,000 H-1B payment apply to O-1, L-1, or TN visas?

  No. Proclamation 10973 and its September 2026 extension concern H-1B workers. O-1, L-1, TN, E-3, E-1, E-2, and green card petitions are different classifications. Whether H-1B1 is covered should be confirmed before filing. As of October 30, 2026, a federal court has also vacated the agency guidance used to collect the H-1B payment, and the government’s appeal is pending.

• Is the $100,000 H-1B fee still in effect?

  The proclamation was extended in September 2026 and remains in place, but as of October 30, 2026 the District of Massachusetts has vacated the USCIS guidance that implements the payment, and the First Circuit declined to stay that order on July 24, 2026. USCIS says it is complying but plans to collect the payment if the order is lifted. Check the status immediately before filing any H-1B petition for a worker abroad.

• How does the weighted H-1B lottery work?

  Starting with FY2027, each registration is entered into the selection pool based on the OEWS wage level of the offered wage: four entries for Level IV, three for Level III, two for Level II, and one for Level I. Each beneficiary can still be selected only once, and the petition must match the wage level stated in the registration.

• I was not selected for FY2027. When is the next chance, and what can I do in the meantime?

  USCIS has not announced the FY2028 registration period; the FY2027 period ran March 4 to 19, 2026. In the meantime, options depend on your status: STEM OPT if you are eligible, a cap-exempt employer, a year abroad with a related company to set up an L-1, or an O-1 if your record supports it. Any change of status request ordinarily must be filed before your authorized stay ends.

• Can I change from H-1B to O-1 without leaving the United States?

  Generally yes, if you are maintaining status and the O-1 petition with a change of status request is filed before your authorized stay ends. You may remain while it is pending, but you cannot begin the O-1 employment until it is approved, and leaving the country while it is pending abandons the change of status request.

• Does time in L-1 status count against the H-1B six-year limit?

  Yes. Time spent in H-1B and L-1 status is counted together toward each category’s maximum, so moving between them does not restart the clock. Time spent physically outside the United States can be recaptured with evidence.

• Can I apply for a green card on an O-1 or TN?

  O-1 regulations state that an approved labor certification or a filed immigrant petition is not, by itself, a basis for denying O-1 status, so a green card filing is generally compatible, although you must still be coming temporarily. TN requires nonimmigrant intent, so the timing of the filing and any travel afterward needs careful planning, and advance parole is needed to travel once a Form I-485 is pending.

• Can I get an E-2 visa if I am a citizen of India or China?

  Not on that citizenship alone, because neither country has an E-2 treaty with the United States. Eligibility is based on nationality, so a person who has lawfully acquired citizenship of a treaty country may qualify on that basis. If the citizenship was obtained through a financial investment program, INA 101(a)(15)(E) requires three years of continuous domicile in that country at some point before applying. The State Department’s treaty country list is the reference.

• Can I work for a university on a cap-exempt H-1B and then switch to a private company?

  Moving entirely to a cap-subject employer generally requires selection under the cap unless you were previously counted against the cap and still have H-1B time remaining under the counting rules. Concurrent part-time work for a cap-subject employer can be possible while you remain employed by the cap-exempt employer, but that concurrent work loses its exemption if the cap-exempt job ends.

• Is Day 1 CPT a safe way to keep working after OPT?

  It carries risk. CPT must be an integral part of an established curriculum, and the new program must be at a new degree level: starting another program at the same level does not create a new period of OPT. Twelve months or more of full-time CPT ends OPT eligibility at that degree level, and full-time CPT from the first day of a program can be questioned at later visa, H-1B, and green card stages. Review the program with counsel before enrolling.

• Can my spouse work if I switch from H-1B to another visa?

  It depends on the category. Qualifying L-2 and E (E-1, E-2, E-3) dependent spouses are employment authorized incident to status and can show a spouse-designated Form I-94 (L-2S, E-1S, E-2S, E-3S) for Form I-9 purposes. J-2 spouses may apply for an EAD, but their income may not support the J-1 principal. O-3, TD, F-2, and H-4 dependents of H-1B1 workers generally cannot work. H-4 spouses of H-1B workers may apply for an EAD only if the principal has an approved Form I-140 or an AC21 extension beyond six years.

• What happens to my approved I-140 if I move to TN or O-1?

  Changing status does not by itself cancel it. As a general rule you keep the priority date for later petitions unless USCIS revokes the approval for fraud or willful misrepresentation, an invalidated labor certification, or material error. Your spouse’s H-4 EAD eligibility ends when you leave H-1B status.